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FAR and DFARS › DFARS Part 209: Contractor Qualifications › Subpart 209.4

DFARS 209.405-2 Restrictions on subcontracting.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section tells contracting officers not to approve subcontracts with firms (or their subsidiaries) that the Secretary of Defense has listed in SAM Exclusions as owned or controlled by a state-sponsor-of-terrorism government. A subcontract can only be approved if the agency head puts the compelling reasons in writing. It matters to contractors because a proposed subcontractor on that list may block subcontract consent.

Applies to: Contracting officers consenting to subcontracts, and contractors proposing such subcontractors

What it requires

  • Do not consent to a subcontract with a listed firm or its subsidiary unless the agency head states compelling reasons in writing

Key terms: SAM Exclusions · state sponsor of terrorism · subsidiary · compelling reasons · agency head

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The contracting officer shall not consent to any subcontract with a firm, or a subsidiary of a firm, that is identified by the Secretary of Defense in SAM Exclusions as being owned or controlled by the government of a country that is a state sponsor of terrorism unless the agency head states in writing the compelling reasons for the subcontract. (See also 225.771.)

Sections it refers to

  • 225.771 Prohibition on contracting or subcontracting with a firm that is owned or controlled by the government of a country that is a state sponsor of terrorism.

Sections that refer to it

← 209.405 Effect of listing. · 209.406 Debarment. →

Rule changes for DFARS Part 209

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 209.405-2 Restrictions on subcontracting · SpendQuery